Defence solicitors in Dundee have voted to escalate industrial action after “fruitless” negotiations with the Scottish Government.
Criminal legal aid funding has been the source of a long-running dispute with claims that the poor rates of pay are making it difficult for firms across Scotland to train and retain staff.
The Dundee Bar Association (DBA) says its members will now disengage with a successful scheme at the city’s sheriff court designed to streamline non-jury cases and clear the court backlog.
The industrial action was confirmed in a letter – seen by The Courier – to Gillian Wade KC, the Sheriff Principal for Tayside, Central and Fife.
Impact on court proceedings
Gary McIlravey, president of the DBA, said the protest will have a “considerable effect” on trials in Dundee, adding the legal profession was being “run into the ground”.
An SNP minister said she was “saddened” by the move, which follows in the footsteps of national action by the Scottish Solicitors’ Bar Association (SSBA).
Siobhian Brown said the government made an offer to increase legal aid by 10% over three years, which was on top of a 25% boost since 2019.
However, Mr McIlravey – a partner with Nethergate-based Lawson Coull & Duncan – said the latter was a “huge misrepresentation” as it referred to all forms of legal aid, including for civil cases and children’s hearings.
He told The Courier: “We are concerned with summary criminal legal aid.
“Teachers and nurses have had above 20% in the last five years, doctors have had over 30% and train drivers more.
“That’s what happens with wages and inflation. The big difference with us is even with that 25%, we’re worse off than we were 30 years ago.
“The general public are never told that the legal aid budget is our ‘top line’, not wages going directly into our pockets.
“We pay tax and VAT on it, not to mention business running costs, so more than half goes straight back into the government’s pocket.”
Appointments to be boycotted
Criminal legal aid provides money for legal representation when those accused of a crime cannot afford to pay for a solicitor.
It covers the cost of legal advice and a lawyer appearing in court.
The DBA is now disengaging with Summary Case Management (SCM) hearings which were launched to identify key issues ahead of any plea being tendered in non-jury cases.
City lawyers currently boycott appointments by the court from legal aid clients for cases under the Domestic Abuse (Scotland) Act.
In the letter, Mr McIlravey highlighted the ageing workforce in defence and the greater financial benefits of working for the prosecution service.
“The Scottish Government are not interested in the legal system, solicitors or victims,” Mr McIlravey added.
“They are interested only in the optics of the system and securing convictions, whether merited or not.”
Ms Brown, the minister for victims and community safety, said: “We made an offer of 10 per cent over three years which is a fair and reasonable offer and are disappointed SSBA have not accepted that for solicitors who deliver vital legal aid.
“It provides significant extra funding, on top of the 25 per cent increase we have delivered since 2019 and in addition to criminal legal assistance reforms we intend to take forward.
“We will continue dialogue with the SSBA and Law Society of Scotland.
“We are saddened that the Scottish Solicitors’ Bar Association feel that disruptive action is necessary particularly when Summary Case Management has so far provided benefits for victims and solicitors and hope solicitors will not take this action.”
It is understood that solicitors operating out of Forfar and Perth Sheriff Courts are also likely to adopt a similar stance.
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